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FINDINGS FOR DEVIATION PA-1800253 (DV) NEVADA NEW BUILDS, LLC/ATC DESIGN GROUP 1. The granting of the Deviation will not be materially detrimental to other properties or land uses in the area. • This finding can be made because the granting of the Deviation application will not have a detrimental effect on other properties or land uses in the area. The use of the property will remain Commercial which is permitted in the C-G (General Commercial)zone. Additionally, a retail store is an allowed use in the C-G zone. The reduction in the required side yard setback from 20 feet to 12.9 feet,and the reduction in the rear setback from 20 feet to 18.28 feet will not change the look or character of the neighborhood or prevent the surrounding property owners from enjoying the full use of the property. 2. There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended uses that do not apply to other properties in the same zoning district in the vicinity. • This finding can be made because of the shape of the parcel which is reduced in width in the rear half of the parcel by 74 feet due to a set in at the southeast corner of the property. 3. The strict application of the regulation deprives the property of privileges enjoyed by other properties in the vicinity. • This finding can be made because the strict application deprives the property owner from developing the property while maintaining the required setbacks. Development Title Section 9-824.2(a)(2) allows up to a forty percent (40%) reduction of the required side yard setback and Development Title Section 9-824.2(a)(3)allows up to a 30 percent(30%) reduction in the required rear yard seback without a public hearing, and this Deviation request meets the requirements. 4. The proposed use is consistent with the goals, policies, standards, and maps of the general Plan; any applicable Master Plan, Specific Plan, and Special Purpose Plan; and any other applicable plan adopted by the County. • This finding can be made because the Deviation will allow the development of a 9,180 square foot retail store which can be conditionally permitted in the C-G (General Commercial)zone with an approved Site Approval application. Approving the deviation will not result in development of the property in such a way as to exceed the General Plan maximum FAR of 0.60. PA-1800253 & PA-1800254- Findings 1